DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 01889-09
30 November 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 November 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
17 January 1975 at age 19. On 19 November 1975, you received
nonjudicial punishment (NUP) for two instances of unauthorized
absence (UA) and failure to go to your appointed place of duty.
On 8 January 1976, you received NUP for insubordinate conduct
toward a petty officer. On 15 January 1976, you received NUP for
two instances of UA from your appointed place of duty and
disobeying a regulation. On 29 January 1976, you received NUP
for UA failure to go to your appointed place of duty and
possession of marijuana. On 15 July 1876, you were convicted by
summary court-martial (SCM) of larceny of government funds,
making a false claim, and bribery. On 16 July 1976, you were
notified that administrative separation action was initiated by
reason of misconduct due to frequent involvement with military
authorities. However, on 21 July 1976, you received an additional
NJP for four instances of UA failure to go to your appointed
place of duty, failure to obey a lawful order and incapacitation
for performance of duty. On 22 July 1976 after being advised of
your procedural rights, you waived the right to an administrative
Gischarge board (ADB). On 2 August 1976, the commanding officer
forwarded his recommendation for separation, and on 11 August
1976 the discharge authority directed that you be separated for
misconduct with a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth,
immaturity and overall record of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. The Board noted you were counseled and warned
concerning the consequences of further misconduct. The Board
also believed that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when a Sailor is separated for misconduct.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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